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Fire and Rescue Services Act 2004

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This is the original version (as it was originally enacted).

4Combined authorities under the Fire Services Act 1947

This section has no associated Explanatory Notes

(1)This section applies to a scheme approved under section 5 of the Fire Services Act 1947 (c. 41) (voluntary schemes for combining fire authorities), or made under section 6 of that Act (combination schemes made by the Secretary of State), which is in force immediately before the repeal of those sections by this Act.

(2)A scheme to which this section applies continues to have effect despite that repeal.

(3)The combined authority constituted by a scheme to which this section applies is the fire and rescue authority for the area for which it is constituted.

(4)The Secretary of State may by order vary or revoke a scheme to which this section applies.

(5)Before making an order under subsection (4) in relation to a scheme the Secretary of State must consult—

(a)any fire and rescue authority which appears to him likely to be affected,

(b)any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which appears to him likely to be affected,

(c)any local authority all or part of whose area forms part of the combined area or would, under the scheme as varied, form part of the combined area, and

(d)any other persons he considers appropriate.

(6)Before making an order under subsection (4) varying or revoking a scheme the Secretary of State must cause an inquiry to be held.

(7)The Secretary of State is not required to cause an inquiry to be held under subsection (6) (but may do so) if—

(a)the combined authority and any other authority which would, apart from the scheme, be a fire and rescue authority under section 1 and which would be affected by the variation or revocation, agree to the variation or revocation,

(b)it appears to the Secretary of State that the scheme is to be varied or revoked solely for the purpose of giving effect to an order made under Part 4 of the Local Government Act 1972 (c. 70), Part 2 of the Local Government Act 1992 (c. 19) or section 17 of the Regional Assemblies (Preparations) Act 2003 (c. 10), or

(c)the Secretary of State considers that, in the interests of public safety, the scheme should be varied or revoked without delay.

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